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Arnold v. Spring

143 N.Y.S. 1105 Court N.Y. App. Div. Decision date 1913-07-08 English

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p. 1105
ARNOLD v. SPRING et al.
(Supreme Court, Appellate Division, Fourth Department.
July 8, 1913.)

Headnote

Action by George S. Arnold against Rex Spring and others.

Judgment ( 135 N. Y. Supp. 314 ) reversed, and new trial granted, without costs of this appeal to either party. Held, that the judgment appealed from is erroneous in the following particulars: First, plaintiff is not entitled to a lien for the value of the undelivered stove wood; second, plaintiff’s lien attaches to all_ the wood and _ logs remaining upon the plaintiff’s lands, and is not limited to an undivided one-half thereof; third, plaintiff’s lien is limited in amount to the value of said wood and logs, less the expense incurred by defendants in cutting and piling the same.